At 14: 15 PM, defence lawyers receive telephone calls from Rodrick
Tokwe, the Chief Law Officer in the Attorney General (AG)'s Office
indicating the State's willingness to grant bail to eight of the
accused persons in the matter between Concillia Chinazvavana&Others
vs. the State. Lawyers Beatrice Mtetwa, Roselyn Hanzi, Alec
Muchadehama, Andrew Makoni and Otto Saki attend the meeting at 1600hrs.
At around 17:15 PM on Friday 27 February 2009 bail application
proceedings in the matter between Concillia Chinazvavana &Others
vs. the State commence before Harare Magistrate Mishrod Guvamombe in
chambers.
Magistrate Guvamombe grants bail to the eight accused persons namely
Concillia Chinanzvavana, Emmanuel Chinanzvavana, Broderick Takawira,
Violet Mupfuranhewe, Fidelis Chiramba, Collen Mutemagau, Pieta Kaseke
and Audrey Zimbudzana and sets out stringent bail conditions including
depositing US$600 with the Clerk of the Magistrate Court, surrendering
all travel documents and depositing US$20 000 or title deeds as
security for surety and to report Monday and Friday, between 6AM and
6PM at the nearest police stations mainly Banket, Chinhoyi and Marimba
depending on their addresses of residence.
On Saturday 28 February 2009 only two accused persons namely Broderick
Takawira and Fidelis Chiramba out of the eight accused persons manage
to satisfy the tough bail conditions and get released from detention.
On Monday 02 March 2009 defence lawyer Harrison Nkomo makes a bail
application for Jestina Mukoko before Magistrate Guvamombe. Magistrate
Guvamombe grants bail to Mukoko and sets out the same bail conditions
as those set out for the eight accused persons who were granted bail on
Friday
27 February 2009. By late Monday Mukoko satisfies all her bail
conditions and just remains in hospital pending advice on her discharge
by her doctor.
On Tuesday 03 March 2009 six of the accused persons namely Concillia
Chinanzvavana, Emmanuel Chinanzvavana, Violet Mupfuranhewe, Collen
Mutemagau, Pieta Kaseke and Audrey Zimbudzana who were granted bail on
Friday 27 February 2009 by Magistrate Guvamombe were still in custody
as the state is still to establish whether they held passports or not.
Defence lawyers are told that verification of whether they hold
passports or not will be carried on Tuesday 03 March 2009 at the
Registrar General (RG)'s Office.
The six detainees still need to raise US$20 000 or to surrender title
deeds to surrender to the courts as surety. On Monday lawyers failed to
meet the Director of Public Prosecutions in the Attorney General's
Office Florence Ziyambi to seek a review of the amount of surety which
the State is demanding before the release of the detainees.
Detainees will have to deposit US$20 000 or put up the deeds to
property worth US$20 000, part of the terms of their release. Defence
lawyers are still to meet officials at the AG's Office to ask for the
scrapping of a bail condition requiring the accused persons to pay
US$20 000 or surrender title deeds to property worth US$20 000 as
surety, which the State is demanding before the release of the
detainees.
On Monday 02 March 2009 four other detainees namely Mapfumo Garutsa,
Regis Mujeyi, Chinoto Zulu and Zacharia Nkomo are released following a
bail order by High Court Justice Yunus Omerjee. Their release came
after defence lawyers wrote a letter on Friday 27 February 2009 to
Justice Omerjee who granted them bail on 19 February 2009 but suspended
bail after the State invoked section 121 of the Criminal Procedure and
Evidence Act (CPEA). The lawyers in their letter alerted the Judge that
the State had not sought leave to appeal against the granting of bail
to the four accused persons in the Supreme Court. On Friday 27 February
2009 Justice Omerjee then informed the defence lawyers that his order
of 19 February 2009 granting bail to the four stands.
In his bail order of 19 February 2009 Justice Omerjee ordered the four
accused persons to deposit Z$1 000 (revalued) with the Clerk of the
Harare Magistrates' Court and to report twice daily between 6:00 AM to
13:00 PM and between 14:30 PM to 18:00 PM at police stations located
near their given residential addresses. He also ordered some of the
detainees to surrender their travel documents, not to apply for a
passport or a travel document until their case is finalized and not
interfere with State witnesses.
Justice Omerjee also ordered the detainees not to leave their given
residential addresses except for purposes of court appearances or with
the leave of the Court.
Three other accused persons namely Kisimusi Dhlamini, Gandhi Mudzingwa
and Andrison Manyere who were denied bail by Justice Omerjee are still
in custody. Three other accused persons namely Pascal Gonzo, Tawanda
Bvumo and Nigel Mutemagau, the two year old minor had already been
released some time ago.
Three other persons, who are being detained under Police Protective
Custody as state witness and who were abducted in October 2008 namely
Fannie Tembo, Lloyd Tarumbwa and Terry Musona are still held in
detention.
On Tuesday 03 March 2009 police summon lawyer Chris Mhike representing
Fannie Tembo, Lloyd Tarumbwa and Terry Musona to the Police General
Headquarters (PGHQ). He is in the company of Fanny Tembo's oldest son,
Innocent Tembo. Fanny Tembo manages to speak with his son for the first
time since he was abducted in October 2008.
Defence lawyers negotiate with Florence Ziyambi to have the bail
conditions for Concillia Chinanzvavana, Emmanuel Chinanzvavana, Violet
Mupfuranhewe, Collen Mutemagau, Pieta Kaseke and Audrey Zimbudzana
relaxed, and exclude the requirement of security in the form of title
deeds to the value of US$20 000. The state agrees to increase the bail
amount from US$600 to US$1500.
Magistrate Guvamombe, refuses to increase the bail amount but scraps the security requirement.
At around 14: 30 PM the application for leave to appeal against bail
granted to Roy Bennett on 24 February 2009 by Justice Karwi is heard in
chambers before Justice Karwi. The application for leave to appeal is
dismissed as it has no merit.
On Wednesday 04 March 2009 High Court Judge Justice Ben Hlatshwayo will
hear an urgent chamber application filed last Thursday by Chris Mhike
seeking the release of Musona, Tembo and Tarumbwa.
On 04 March 2009 all the detainees who have so far been granted bail will appear in the Magistrates Court for remand hearing.
ZLHR
Post published in: Politics